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2025 DAILYLAW 141164 (ALL)

MUKESH KUMAR SHARMA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4364/2025 · 2025-07-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38090 Court No. - 15 Case :- APPLICATION U/S 482 No. - 4364 of 2025 Applicant :- Mukesh Kumar Sharma And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vineet Kumar Shukla Counsel for Opposite Party :- G.A.,Rahul Mishra Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vineet Kumar Shukla, the learned counsel for the petitioners, Ms. Kamlesh Kumari, the learned AGA for the State, as well as Sri Neeraj Pandey, Advocate, holding brief of Sri Rahul Mishra, the learned counsel for the opposite party no. 2, and perused the record. Supplementary affidavit, filed on behalf of the applicants, is taken on record. 2. The instant petition has been filed seeking quashing of the entire proceedings of Criminal Case No.1913 of 2021 (State Vs. Mukesh Kumar Sharma and others), arising out of Case Crime No.76/2020, under Sections 498-A, 323 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Mahila Thana, District Gonda, pending in the Court of learned Judicial Magistrate-I, Gonda, including the charge-sheet. 3. Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. Compromise entered into between the parties have been placed on record as Annexure-4 to the petition. The parties have confirmed the terms of the compromise. Compromise has been verified between the parties by learned Civil Judge, (J.D.) FTC-II, Gonda vide order dated 10.06.2025 in compliance of the order dated 27.05.2025 passed by this Court in Application u/s 482 No.4364 of 2025. It is further submitted that the parties are residing together amicably. 4. I have considered the submissions of learned counsel for the parties. 5. Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility. 6. In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and proceeding of Criminal Case No.1913 of 2021 (State Vs. Mukesh Kumar Sharma and others), arising out of Case Crime No.76/2020, under Sections 498-A, 323 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Mahila Thana, District Gonda, pending in the Court of learned Judicial Magistrate-I, Gonda, including the charge-sheet, are hereby quashed. Order Date :- 4.7.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench